Question:
My ex-wife has primary physical custody of the children and I have visitation rights. She refuses to meet me halfway to exchange the kids during my weekends and is often late no matter the location we meet at.
Our divorce decree does not state anything about transportation or pickup location. Can I modify the divorce judgment to address the transportation issues and require us to meet halfway during a parenting time exchange?
Answer:
Unfortunately, there is no law requiring parents to meet halfway during time-sharing to exchange the children. If she will not agree to meet halfway and that is impacting your time-sharing with your children, you may have a basis for modifying the time-sharing agreement as it related to the exchange of the children.
Additionally, if your ex-wife is consistently late, this may be further ground to justify a modification. The modification could specify a requirement for you to meet halfway or at a certain location. I would encourage you to keep records as these incidents take place.
Another possible issue is if your wife is ignoring the time-sharing schedule, you might also have grounds to bring a contempt proceeding against her.
You should also contact a domestic litigation attorney licensed in your area. Cordell & Cordell has attorneys who are licensed and located in Florida who would be happy to discuss your case with you.
Alison K. Morriss is a Staff Attorney in the Tampa, Florida office of Cordell & Cordell, where she practices domestic relations exclusively. Ms. Morriss is licensed to practice law in the state of Florida. Ms. Morriss received her Bachelor of Arts in Religious Studies, History and Business Administration from Stetson University. She continued her education and received her Juris Doctor from Stetson University College of Law, and her Master of Business Administration from Stetson University School of Business.
